Jango v Northern Territory of Australia (No 3) [2004] FCA 1029

FEDERAL COURT OF AUSTRALIA

Jango v Northern Territory of Australia (No 3) [2004] FCA 1029

PRACTICE AND PROCEDURE – adjournment – compensation claim under the Native Title Act 1995 (Cth) – application to adjourn in order to overcome evidentiary objections to experts' reports JOHNNY JANGO & ORS v NORTHERN TERRITORY OF AUSTRALIA & ORS DG 6023 of 1998 SACKVILLE J MELBOURNE 9 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY DG 6023 of 1998

BETWEEN: JOHNNY JANGO AND OTHERS

APPLICANTS

AND: NORTHERN TERRITORY OF AUSTRALIA

FIRST RESPONDENT

GPT MANAGEMENT LIMITED

SECOND RESPONDENT

COMMONWEALTH OF AUSTRALIA

THIRD RESPONDENT

JUDGE: SACKVILLE J

DATE: 9 AUGUST 2004

ORDERS MADE: MELBOURNE

THE COURT ORDERS THAT: 1. For the purposes of these orders, the 'Applicants' Expert Reports' consist of any or all of the following: (a) the Anthropology Report by Dr Peter Sutton and Ms Petronella Vaarzon-Morel, including Chapter 8; (b) the Report of Dr Jon Willis, dated October 2003; and (c) the Supplementary Reports of Professor Peter Sutton and Ms Petronella Vaarzon-Morel (filed on 22 July 2004) and Dr Jon Willis (currently in draft form). 2. Subject to paragraphs 3-4 below, the Applicants have leave to file and serve further supplementary reports in response to the Respondents' Objections to the Applicants' Expert Reports ('the Further Reports') by 17 September 2004. 3. The Further Reports are to be limited to addressing those portions of the Applicants' Expert Reports: (a) which have been objected to by the First and/or Third Respondent; and (b) which the Applicants accept are inadmissible. 4. The Further Reports shall be limited to addressing the grounds of objections and shall identify the particular objections or objections that are addressed in each portion of the Further Reports. 5. Subject to any objections as to admissibility, any such Further Reports, together with the Applicants' Expert Reports, when adopted by the authors, shall stand as the evidence in chief of the authors of the reports who shall be presented for cross-examination. 6. On or before 17 September 2004, the Applicants shall also file and serve a bundle of those documents ('the first bundle') referred to in the said Applicants' Expert Reports which are identified in the Further Reports as providing the basis of an opinion or opinions, which bundle shall contain: (a) an index identifying each document contained therein with particularity by reference to its author, date and publisher, or, if unpublished, the source from which it was obtained; and (b) a statement identifying with particularity and by reference to the page and part of the page in the report: (i) the opinion in respect of which the document forms all or part of the basis; (ii) the part or parts of the document relied upon as providing the basis for the opinion; which statement shall also indicate whether those parts of the document form the sole basis for the opinion advanced, and if not, advise as to the other documents or other information relied upon as the basis of the opinion. 7. Save and except where the document in question is included in the bundle referred to in paragraphs 8 and 9 below, the first bundle of documents shall reproduce the whole of each document referred to in paragraph 6 hereof, save that, where the document exceeds 50 pages in length: (a) the bundle shall include: (i) so much of the document as is reasonably necessary to place the part or parts of the document relied upon in context; and, in any event, (ii) no less than the three (3) pages preceding and the three pages after that part or parts of the document in question; and (b) where the document is not readily available publicly, the Applicants will, at the time of serving the bundle of documents, make the document in question available for inspection by the respondents unless it is not reasonably feasible to do so, in which case the Applicants will make copies of the documents available to the Respondents. 8. On or before 17 September 2004 the Applicants shall file and serve a bundle of those documents ('the second bundle') referred to in the said Applicants' Expert Reports which they intend to tender, which bundle shall contain: (a) an index identifying each document contained therein with particularity by reference to its author, date and publisher, or, if unpublished, the source from which it was obtained; and (b) a statement identifying with particularity: (i) the part or parts of each document contained therein which will be relied upon; (ii) the purpose for which the evidence is being adduced; and (iii) the basis on which the evidence is being adduced. 9. Where the applicants are proposing to tender only part or parts of a document, the whole of the document shall be included in the second bundle of documents referred to above save that, where the document exceeds 50 pages in length: (a) the bundle shall include: (i) so much of the document as is reasonably necessary to place the part or parts of the document relied upon in context; and, in any event, (ii) no less than the three (3) pages preceding and the three pages after those part or parts of the document in question; and (b) where the document is not readily available publicly, the Applicants will, at the time of serving the bundle of documents, make the document in question available to the Respondents unless it is not reasonably feasible to do so, in which case the Applicants will make copies of the documents available to the Respondents. 10. On or before 24 October 2004 the Applicants shall file and serve draft final submissions which shall, without limiting the generality of the forgoing, address with particularity: (a) the membership and composition of the Native Title Claim Group; (b) the nature and extent of the native title rights and interests that have been extinguished; and (c) the date or dates on which each of those native title rights were extinguished in respect of various parts of the compensation area. 11. On or before 5 November 2004 the Respondents shall file and serve any objections to the Further Reports referred to in Order 2 above. 12. On or before 27 August 2004 the Respondents shall file and serve any objections to the Applicants' Historical Report. 13. Cross-examination of the Applicants' expert witnesses shall be adjourned to 22 November 2004 in Sydney. 14. The matter be listed for direction in Sydney at 9.30 am (Eastern Standard Time) on 28 October 2004.